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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationMontana

Collection of personal property by affidavit in Montana

Where Montana law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in Montana; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The affidavit for personal property: the waiting period and the value limit

(1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … shall make payment of the indebtedness or deliver the tangible personal property … to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a) the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2); (b) 30 days have elapsed since the death of the decedent;

Montana · general information · checked October 24, 2026 · MCA 72-3-1101(1)(a)–(b)

The other conditions: no appointment pending or granted, and the right to the property

(c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (d) the claiming successor is entitled to payment or delivery of the property.

Montana · general information · checked October 24, 2026 · MCA 72-3-1101(1)(c)–(d)

The release of whoever pays or hands the property over

The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent.

Montana · general information · checked October 24, 2026 · MCA 72-3-1102(1)

The court’s own packet: the value, the notary, no land or buildings, and a copy for each property holder

Know the estate is worth $100,000 or less, after subtracting any liens or encumbrances.

Sign and date the Affidavit in front of a notary public.

Personal property is NOT land, a house, or a building. You cannot use the Affidavit to collect land, a house, or a building.

Give each current property holder a copy of the signed Affidavit for Collection of Personal Property.

Montana · general information · checked October 24, 2026 · Montana Judicial Branch self-help packet, Affidavit for Collection of Personal Property

Summary administration: when allowances and expenses use up the estate, and distributing without notice to creditors

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to the creditors, may immediately disburse and distribute the estate to the persons entitled thereto

Montana · general information · checked October 24, 2026 · MCA 72-3-1103

The same page for other states

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FAQ

Common questions

(1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … shall make payment of the indebtedness or deliver the tangible personal property … to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a) the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2); (b) 30 days have elapsed since the death of the decedent;

Montana · general information · checked October 24, 2026 · MCA 72-3-1101(1)(a)–(b)

Know the estate is worth $100,000 or less, after subtracting any liens or encumbrances.

Sign and date the Affidavit in front of a notary public.

Personal property is NOT land, a house, or a building. You cannot use the Affidavit to collect land, a house, or a building.

Give each current property holder a copy of the signed Affidavit for Collection of Personal Property.

Montana · general information · checked October 24, 2026 · Montana Judicial Branch self-help packet, Affidavit for Collection of Personal Property

(1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … shall make payment of the indebtedness or deliver the tangible personal property … to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a) the value of the probate estate, wherever located, less liens and encumbrances, does not exceed $100,000, except as provided in subsection (2); (b) 30 days have elapsed since the death of the decedent;

Montana · general information · checked October 24, 2026 · MCA 72-3-1101(1)(a)–(b)

Know the estate is worth $100,000 or less, after subtracting any liens or encumbrances.

Sign and date the Affidavit in front of a notary public.

Personal property is NOT land, a house, or a building. You cannot use the Affidavit to collect land, a house, or a building.

Give each current property holder a copy of the signed Affidavit for Collection of Personal Property.

Montana · general information · checked October 24, 2026 · Montana Judicial Branch self-help packet, Affidavit for Collection of Personal Property

Know the estate is worth $100,000 or less, after subtracting any liens or encumbrances.

Sign and date the Affidavit in front of a notary public.

Personal property is NOT land, a house, or a building. You cannot use the Affidavit to collect land, a house, or a building.

Give each current property holder a copy of the signed Affidavit for Collection of Personal Property.

Montana · general information · checked October 24, 2026 · Montana Judicial Branch self-help packet, Affidavit for Collection of Personal Property

(c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (d) the claiming successor is entitled to payment or delivery of the property.

Montana · general information · checked October 24, 2026 · MCA 72-3-1101(1)(c)–(d)

The person paying, delivering, transferring, or issuing personal property or the evidence of personal property pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent.

Montana · general information · checked October 24, 2026 · MCA 72-3-1102(1)

For anyone who would rather their family found it all in one place than went looking.

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